An RN administered the wrong medication to a patient

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An RN administered the wrong medication to a patient and the patient died. She was arrested and charged with homicide, among other things. Can the hospital be brought up on charges if it is found the system, not the RN, was the root cause of the error? What does this kind of case mean to healthcare managers with respect to precedent? If the RN is convicted of homicide and sentenced to serve time in jail, what kind of effect do you think this will have on hospitals, healthcare organizations, and the profession of nursing?

In cases where an RN administers the wrong medication resulting in patient harm or death, the hospital may potentially face legal repercussions if it is found that the system, rather than the individual nurse, was at fault. This concept is known as corporate liability or institutional negligence. Healthcare managers should be aware that such cases can set a precedent, highlighting the importance of maintaining a safe and effective system for medication administration.

If the RN is convicted of homicide and sentenced to serve time in jail, it would have significant effects on hospitals, healthcare organizations, and the profession of nursing. These effects could include:

Legal Consequences: Hospitals and healthcare organizations may face legal consequences such as lawsuits or fines. They may be held accountable for their failure to establish and maintain adequate safety protocols and systems.

Reputational Damage: The public perception of hospitals and healthcare organizations may be negatively affected. The incident could erode trust in the institution’s ability to provide safe and quality care, potentially leading to a loss of patients and a damaged reputation.

Increased Regulatory Scrutiny: Regulatory bodies may intensify their scrutiny of hospitals and healthcare organizations, leading to stricter compliance requirements and increased oversight. This could result in additional administrative burdens and costs for healthcare managers.

Impact on Nursing Profession: The conviction of an RN for homicide would have far-reaching effects on the nursing profession. It may lead to increased scrutiny of nursing practices, stricter regulations regarding medication administration, and heightened expectations for accountability and patient safety.

Overall, these kinds of cases highlight the importance of robust systems and procedures within healthcare organizations to prevent errors and protect patient safety. It underscores the need for ongoing training, adherence to best practices, and a culture of transparency and accountability.

Is the Common law derived from legislative actions? Please explain why and support your answer with examples.

No, common law is not derived from legislative actions. Common law refers to laws that are based on court decisions rather than statutes or legislation enacted by the government. It is developed through judicial decisions over time and is rooted in legal principles, customs, and past court rulings.

Common law evolves through judge-made law, where judges interpret statutes and develop legal principles based on specific cases brought before them. These interpretations become legal precedents that guide future court decisions. Unlike statutory law, which is created by legislative bodies, common law is derived from the collective wisdom of judges’ rulings in various cases.

For example, in the United States, contract law is primarily based on common law principles. The rules governing contracts have been developed through court decisions over many years rather than being codified in a single legislative act. Courts refer to prior decisions in similar cases (precedents) to guide their interpretation and application of contract law principles.

Define the following terms:

Common law: Common law refers to laws that are derived from court decisions rather than statutes or legislation enacted by the government. It is based on legal principles, customs, and past court rulings, which serve as precedents for future cases.

Judge-made law: Judge-made law refers to laws that are developed through judicial decisions rather than being created by legislative bodies. Judges interpret statutes and develop legal principles based on specific cases brought before them, creating precedents that guide future court decisions.

Interpretive justice: Interpretive justice refers to the process by which judges interpret laws and legal principles when deciding cases. It involves analyzing statutes, precedents, and other legal sources to determine their meaning and how they apply to a specific situation.

Precedent: Precedent refers to a legal decision or ruling made by a court in a previous case that serves as an authoritative guide or example for future cases with similar facts or legal issues. Precedents help ensure consistency and predictability in the application of laws.

Stare decisis: Stare decisis is a Latin term meaning “to stand by things decided.” It is a principle in common law systems that courts should adhere to precedents established by previous court decisions. Stare decisis promotes consistency in legal interpretation and provides stability in the law by limiting arbitrary changes.